Abstract: Within the broader project of studying early Indigenous literatures in Canada, this dissertation attends to Anishinaabe and Nêhiyaw discourse in government reports, missionary letters and diaries, newspapers, and other forms written between 1815 and 1874 to trace the range of ways Indigenous people responded to changing exigencies in their environments from mihkwâkamîw-sîpiy, miskwaagaamiwi-ziibi (Red River) to kisiskâciwani-sîpiy (North Saskatchewan River). Informed by work in Indigenous literary studies that understands Indigenous literatures as interrelational, including with land and the broader physical world, and diverse in form and media, I approach discourse as a network of relations that also mediates those relationships, reading my archive as part of discursive environments within the broader shifting, contested discursive ecology of the nineteenth-century prairies when settler colonial discourse worked to establish itself. This approach enables me to read with a networked form of attention, taking my texts as contested, polysemous, polyvocal sites in which I account both for settler colonial constructions of “Indians,” which increasingly constrained Indigenous life, and for the ways Indigenous people asserted themselves, their thought, and sovereignty. I argue we can re-trace Indigenous expressions in colonial archive and settler texts, complicating them in ways that exceed their frames and revealing the multiple entries of assertion and creativity expressed in a range of Indigenous concepts, rhetorics, imagery, and forms. Indigenous discourse exerts a destabilizing energy in settler colonial archives, showing how colonial attempts at narrative and conceptual circumscription of Indigenous identity, sovereignty, knowledge, etc. inadvertently preserved, and thereby conceded, Indigenous autonomy, knowledge, and authority.


Abstract: In this dissertation, I propose the Settler Doctrine to position federal Indian law as profoundly determined by and organized around the legal, historical, and mythical entanglements between land, religion, and indigeneity. Neither land, religion, nor indigeneity are given natural categories. They emerged as anthropological concepts, pop culture fantasies, colonial myths, racist categories, and legal terms from a history of power relations, discursive expressions, lived experiences, and practical negotiations. In federal Indian law, I argue that their genealogies emerged and evolved in codeterminative and deeply entangled relationships. This means that the application of federal Indian law and the interpretation or construction of federal Indian policy depends upon these categories’ maintenance and developmental characteristics. In delving deeper into case histories and materials in federal Indian law, I was surprised to learn that “religion” was consistently deployed as an important, if not deciding characteristic, in the judicial opinions supporting a majority of Indian cases that, on the surface, had nothing to do with religion. These cases range from water allocations to fishing rights and property law or into the very bedrock of US federal recognition and protection of tribal sovereignty. Everywhere I looked, I found Indian religion. If not overtly addressed in judicial opinions, courts implicitly relied upon Indian religion through court citations, references, and precedence. In the process of my research, while pulling on the threads of religion, I found statements about land. This connection should not be a surprise. Federal Indian law, after all, is essentially about the land and the result of over five hundred years of colonial endeavors to dispossess Indian peoples of it. In addition, for native peoples in the US, there is a considerable amount of native voices and scholarship stating that whatever Indian religion may be, it is almost certainly tied to the land and quite often to particular places for specific native peoples. When the thread is pulled in the other direction, beginning from legal questions of land, I quickly found court concerns over religion. This dissertation is an analysis of the settler-colonial entanglement between land, religion, and the Indian in federal Indian law.



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